Terms of Use

• Full Legal Entity Name: WINDY GRILL
• Address: Vojvode Stepe 129, Čačak
• Business Activity and Activity Code: Restaurant and Mobile Catering Business Activities
• Registration Number: 64766023
• Tax Identification Number: 110259521
• Website: www.windygrill.rs
• Contact Phone: +381 65 690 54 64
• Email: office@windygrill.rs

Windy Grill, headquartered in Čačak, Vojvode Stepe 129, Registration Number: 64766023 (hereinafter: “Organizer” or “Windy”), the franchise holder of Windy Grill for the territory of the Republic of Serbia (hereinafter Windy), manages the website www.windygrill.rs (including subpages), where it provides online services to users, consisting of information about Windy products, services, and other activities or content Windy considers interesting, as well as access to certain interactive content through website settings or using appropriate mobile or other applications.

These Terms of Use establish the conditions and rules regarding the use of its website or online services. Please read these Terms before using our website. By using and accessing this website, you declare that you have read, understood, and fully agree to these Terms of Use and that you accept to use the website in accordance with them.

The website is not intended for or directed at minors. The use of website content by minors is permitted only with the consent and supervision of a parent or guardian. If a parent or guardian does not agree with the use of content or these terms and conditions, they may contact Windy via email at office@rwindy.com to request the deletion of the user account. In such a case, the request for account deletion must include the email address of the account to be deleted. The right to use the website is not transferable to other natural or legal persons. Each visitor is personally responsible for maintaining the confidentiality of passwords where applicable. A visitor may have only one open user account for online services at any time and is required to keep their user data accurate and up to date. Windy is not responsible for any data loss that may occur during the transmission of information on the Internet. The visitor acknowledges the possibility of occasional interruptions, unavailability, and/or disconnections due to force majeure or other reasonable reasons (e.g., maintenance, content installation, redesign, etc.). The visitor agrees and accepts that for the aforementioned reasons, access to the site may be interrupted.

The information on this website may contain occasional (technical, content-related, or similar) inaccuracies or typographical errors. Windy makes no representations or warranties, explicit or implied, that the content of the website and/or its subpages is complete, accurate, or up-to-date; that the website and/or its related pages will always be available; or that they will not cause harm to visitors, registered users, or third parties. Each visitor and registered user expressly accepts to use this website at their own risk and bears all potential costs associated with maintaining or repairing computer equipment, including software. Any warranty provided on the site applies exclusively to products or services offered by Windy and not to the quality or content of the site. Windy is not specifically responsible for the content or consequences of using third-party websites that may be accessed through the Windy site.

Information may be changed without prior notice. Windy may also improve and/or modify the products and/or programs described in these terms at any time without prior notice. If a visitor does not accept these Terms of Use, they are obliged to refrain from using the site.

Windy reserves the right to revise (modify) the Terms of Use at any time and to terminate access to the site without prior notice. These Terms of Use, as well as their amendments, take effect and apply from the moment they are published on the site. If the visitor uses the site after changes to the Terms of Use, it is considered that they have become familiar with the changes, understand them, and fully accept them. If the visitor does not agree with the Terms of Use or their changes, they must notify Windy and request the deletion of their user account by sending an appropriate notification to the email address: office@windygrill.rs. Specifically, Windy will not be liable to website visitors for any and all damages resulting from access to the site after changes to the Terms of Use and caused by changes to the Terms of Use of the site.

All payments will be made in the local currency of the Republic of Serbia – dinar (RSD). For informational display of prices in other currencies, the middle exchange rate of the National Bank of Serbia is used. The amount charged to your payment card will be expressed in your local currency through conversion based on the exchange rate used by card organizations, which we cannot know at the time of the transaction. As a result of this conversion, there may be a slight difference from the original price listed on our website.

You can contact us by phone at +381 65 690 54 64 Weekdays from 09 AM to 05 PM. You can also contact us via our official social media channels, as well as through the contact form in the 'Contact' section.

Products purchased from us arrive at your address quickly and securely, using our delivery vehicles, in the shortest possible time, depending on your order, the preparation time required, and the current availability of couriers or delivery personnel, within a timeframe of 15 to 45 minutes. Our dedicated logistics team works hard to ensure that every shipment is secure and delivered within the specified time. We have improved our delivery processes to provide you with the best experience. We efficiently track every product’s journey from our kitchen to your doorstep.

You can file a complaint:

• in writing
• electronically via email ljiljawindi@gmail.com with mandatory proof of purchase and product (receipt, slip, etc.) - the item being claimed.

Complaints Regarding Incorrect Items Packed by Employees

Complaints regarding incorrect selection are solely the responsibility of the customer, not Windy Grill. Please note that the return and exchange shipping costs are the responsibility of the customer in both directions.

If you have any questions or concerns regarding product selection, we will be happy to assist you.

Contact us at +381 66 829 0 290 for support.

We will confirm the receipt of your complaint electronically and provide you with a reference number under which your complaint has been recorded in the Complaint Log.

You will receive a response to your complaint electronically immediately, but no later than three days from the date of receipt of the complaint. The resolution period for the complaint cannot exceed five days from the date of submission. Extending the resolution period is possible only once. If you are unable to provide proof of the reason for the complaint, this cannot be a condition for resolving the complaint or a reason for rejecting the correction of non-conformity.

In accordance with Articles 55 and 151 of the Consumer Protection Act (Official Gazette of RS, No. 62/2014, 6/2016, 44/2018, 88/2021 - other law), we inform customers that they have the option of resolving consumer disputes through out-of-court settlements. Out-of-court consumer dispute resolution is conducted transparently, efficiently, quickly, and fairly before a body for alternative dispute resolution. The Ministry of Trade, Tourism, and Telecommunications maintains and publicly publishes a list of these bodies, available at https://mtt.gov.rs/tekst/2306/consumer-protection.php. The process before this body can be initiated by the CONSUMER only if they have previously filed a complaint or objection and within one (1) year from the date of submitting the complaint. As the SELLER, we are legally obliged to participate in the out-of-court dispute resolution process. Each party in the out-of-court dispute resolution process bears their own costs (representation costs, travel expenses, etc.).

On behalf of Windy Grill, we commit to protecting the privacy of all our customers.

We collect only the necessary, basic information about customers/users and the data required for business operations and user communication, in accordance with good business practices and with the aim of providing quality service.

We give customers the option to choose, including the ability to decide whether or not they want to be removed from mailing lists used for marketing campaigns.

All customer/user data is strictly protected and accessible only to employees who need it to perform their duties. All Windy Grill employees are responsible for upholding the principles of privacy protection.

Windy grill is not in the VAT system.

Cash Payment

Customers can make a cash payment upon receipt of the shipment at their address.

Payment by Credit/Debit Cards

We accept payments via all major credit and debit cards, including VISA, MasterCard, Maestro, and Dina cards. Payments are securely processed through our online transaction partner.

Payment in Store

Customers picking up their orders in person at selected locations can pay in cash or via credit/debit cards (VISA, MasterCard, Maestro, and Dina cards).

In the case of a return of goods and a refund to a customer who previously paid using a credit or debit card, either partially or in full, regardless of the reason for the return, Windy Grill is obligated to process the refund exclusively through VISA, EC/MC, and Maestro payment methods. This means the bank will process the refund to the customer's card account upon the seller's request.

The website, including all subpages and external links leading to the site, is managed by Windy, which holds all rights to the website. Any use of the site must comply with these terms, and visitors are obliged to conduct all activities related to the use of the site in accordance with the applicable laws of the Republic of Serbia. It is prohibited to post, use, transmit, send, or exchange materials and content that violate privacy, are vulgar, or are otherwise inappropriate in normal communication, as well as materials that infringe on the rights of others. Visitors may not use the site for advertising or any commercial, religious, political, or non-commercial promotion. Prohibited behavior includes but is not limited to:

• Using online services for any unlawful or prohibited purpose;
• Deleting or modifying any copyright, trademark, or other proprietary notices;
• Attempting to gain ownership or rights to online services, including content;
• Using, reproducing, distributing, publishing, displaying, disclosing, or transmitting online services or content in any commercial manner;
• Renting, leasing, sublicensing, lending, translating, merging, adapting, transferring, or incorporating online services or content into other programs or services;
• Using online services or content in violation of embargoes, trade sanctions, or other regulatory measures, or using unauthorized technology for accessing online services or extracting content;
• Attempting to disable, damage, overload, impair, or gain unauthorized access to online services, the Windy network, or any user account connected to online services.

Any visitor behavior that, in Windy’s opinion, restricts or prevents any other visitor from using the site is strictly prohibited.

The site contains copyrighted materials, trademarks, and other legally protected content, including but not limited to text, software, photos, videos, graphics, music, and sound, in accordance with the laws of the Republic of Serbia. Windy owns or has authorization for all materials (texts, images, drawings, audio/video materials, etc.), trademarks, and logos appearing on the site. Copying, distributing, modifying, or linking the site without explicit written permission from Windy is prohibited. ANY COPYING, DISTRIBUTION, TRANSMISSION, PUBLICATION, REPRODUCTION, MODIFICATION, REVISION, TRANSMISSION, LINKING, DEEP LINKING, CREATING SHORTCUTS OR CHANGES TO THE WEBSITE WITHOUT EXPRESS WRITTEN PERMISSION FROM WINDY IS PROHIBITED! Any violation of these terms may result in the infringement of copyrights, trademark rights, or other intellectual property rights, and may lead to the initiation of civil, commercial proceedings and/or criminal and/or misdemeanor prosecution against the perpetrator.

The visitor may download, print, and store copyrighted materials only for their own non-commercial informational use. The visitor agrees not to post, publish, or otherwise make available on the site any material that is subject to copyright, trademark, or other intellectual property rights, without the express permission of the rights holder. The visitor is solely and exclusively responsible for any damage that may result from the violation of copyrights, misuse of trademarks, and other intellectual property rights, as well as other consequences caused by this. Windy has no obligation to notify or assist the visitor in determining whether a certain material is copyrighted. By posting material on any publicly available part of the site, the visitor guarantees that they are the rights holder to that material and expressly grants Windy a free, perpetual, irrevocable, non-exclusive, and fully or partially transferable right to use, publish, reproduce, modify, adapt, distribute, publish, translate, and/or distribute such material (in whole or in part) without time or spatial restrictions.

By publishing on or through the site, the visitor grants Windy a free, unlimited, and fully or partially transferable license to use, reproduce, modify, publish, distribute, and display the relevant content. Visitors do not acquire any rights to trademarks, patents, designs, copyrights, or other intellectual property belonging to Windy or third parties.

Our product and service offerings may be available on the site. When ordering online, Windy provides all legally required consumer protection information. Our offers are subject to the following general terms, which do not affect consumer rights under the Consumer Protection Act:

• (1) Offers are available only through specific online services, for listed products, and depending on product availability.
• (2) The offer is valid only within the specified period (e.g., breakfast offers may not be available at certain times).
• (3) only one offer can be used during a visit to the restaurant;
• (4) offers are non-transferable; and
• (5) the offer cannot be exchanged for money.

In addition, there may be special conditions for individual offers, which are highlighted in the app next to the offer itself. Some offers cannot be combined with others. Products/services are purchased directly from the restaurant, except in the case of entering into a distance contract from the introductory provision of this section of the terms. As a rule, when the visitor uses the offer, it is fulfilled directly by the restaurant participating in the offer. THE VISITOR IS AWARE AND AGREES THAT THEY PURCHASE PRODUCTS DIRECTLY FROM Windy, AND NOT FROM ANY OTHER MEMBER OF THE WINDY SYSTEM – FRANCHISEE AND GROUP MEMBERS, AND THAT THEY ARE NOT RESPONSIBLE FOR THE PRODUCT OR ANYTHING RELATED TO THE PRODUCT/SERVICE. All products offered or advertised on the website may not be physically available, depending on availability at the restaurant where the visitor makes the purchase. Product images and packaging on online services are for example purposes only and may not be identical to the product or packaging you receive from the restaurant. Differences may arise from the way your device displays colors or factors such as ingredients used, supplier, region in the country, or time of year.

RESPONSIBILITIES - The visitor expressly declares that they use the website solely at their own risk. Windy, the franchisor, and members of the Windy group, as well as any of their employees, agents, third-party service providers, or licensed companies, do not guarantee that the use of the website will be uninterrupted or error-free, nor do they guarantee that (i) the consequences arising from the use of the website or (ii) the accuracy, reliability, or content of any information, service, or goods provided through the website. This disclaimer of liability applies to all direct or indirect damages, potential injuries caused by any malfunction, error, omission, interruption, deletion, failure, delay in operation or transmission, computer virus, communication line interruption, theft, destruction, or unauthorized access, modification, or misuse of records, contract termination, inappropriate behavior, negligence, or any other act.

The visitor expressly acknowledges that Windy is not responsible for offensive, inappropriate, or illegal behavior by other visitors or third parties, and that the risk of damage arising from the above lies entirely with the visitor. Under no circumstances will Windy or any other person or entity involved in creating, producing, or distributing the website or related content, as well as any software, be liable for any damages arising from the use or inability to use the site. The visitor expressly acknowledges that the conditions of this chapter apply to all content on the site.

Neither Windy, nor the franchisor, and members of the Windy group, as well as information providers or partners who manage the content, will be responsible, regardless of the cause or duration, for any errors, inaccuracies, or other deficiencies, inappropriateness or lack of originality of information found on the website, as well as for any delays or interruptions in the transmission of information to the visitor, for any requests or losses arising therefrom. None of the above parties will be responsible for third-party claims or losses, including lost profits. Windy is not responsible for any content that the visitor (including the visitor accessing or using the site in violation of these terms) may post on the site. Any published content deemed inappropriate may be removed at any time. Windy reserves the right to change, adjust, modify, delete, or remove any content it considers inappropriate. Windy will under no circumstances be responsible to anyone for any direct, indirect, or consequential damages arising from the use of the site or other websites, including, without limitation, loss of profits, business interruption, loss of programs or other data from the visitor's data processing system, or otherwise, even when explicitly notified of such damages. The limitation of liability for damages is determined to the maximum extent permitted by law. Windy reserves the right to immediately terminate any passwords or user accounts of visitors in the event of any behavior by the visitor that Windy deems unacceptable, as well as in any case of non-compliance with these Terms. In the event of the cancellation of passwords or user accounts, these terms will not cease to apply.

The visitor expressly acknowledges that Windy is not responsible for offensive, inappropriate, or illegal behavior by other visitors or third parties, and that the risk of damage arising from the above lies entirely with the visitor. Under no circumstances will Windy or any other person or entity involved in creating, producing, or distributing the website or related content, as well as any software, be liable for any damages arising from the use or inability to use the site. The visitor expressly acknowledges that the conditions of this chapter apply to all content on the site.

Neither Windy, nor the franchisor, and members of the Windy group, as well as information providers or partners who manage the content, will be responsible, regardless of the cause or duration, for any errors, inaccuracies, or other deficiencies, inappropriateness or lack of originality of information found on the website, as well as for any delays or interruptions in the transmission of information to the visitor, for any requests or losses arising therefrom. None of the above parties will be responsible for third-party claims or losses, including lost profits. Windy is not responsible for any content that the visitor (including the visitor accessing or using the site in violation of these terms) may post on the site. Any published content deemed inappropriate may be removed at any time. Windy reserves the right to change, adjust, modify, delete, or remove any content it considers inappropriate. Windy will under no circumstances be responsible to anyone for any direct, indirect, or consequential damages arising from the use of the site or other websites, including, without limitation, loss of profits, business interruption, loss of programs or other data from the visitor's data processing system, or otherwise, even when explicitly notified of such damages. The limitation of liability for damages is determined to the maximum extent permitted by law. Windy reserves the right to immediately terminate any passwords or user accounts of visitors in the event of any behavior by the visitor that Windy deems unacceptable, as well as in any case of non-compliance with these Terms. In the event of the cancellation of passwords or user accounts, these terms will not cease to apply.